Neal v. State

Pope, Judge.

Earnest Neal appeals from his convictions for kidnapping and aggravated assault. He enumerates as error the denial of his motion for new trial on the general grounds, admission into evidence of certified copies of his prior convictions, and the failure of the trial court to charge upon the lesser included offense of simple assault.

1. The evidence shows that on August 14, 1982 Neal was an inmate at the Wayne Correctional Institute. As he returned some recreational equipment, Neal found himself alone with Correctional Officer Laverne Hutchison. In an apparent escape attempt, Neal…